Can a defendant waive his right to appeal in exchange for a lower sentence?

MultiRegion, United States of America

The following excerpt is from United States v. Medina-Carrasco, 806 F.3d 1205 (9th Cir. 2015):

Defendant agreed to waive his right to appeal, along with a number of other rights, in exchange for a lower sentence. He received the benefit of that bargain; after subtracting three offense levels for acceptance of responsibility, the district court imposed a below-guidelines sentence. That he did not realize the strength of his potential appellate claims at the time that he entered into the plea agreement does not permit him to invalidate his knowing and voluntary waiver of appellate rights. United States v. Nguyen,235 F.3d 1179, 1184 (9th Cir.2000), abrogated on other grounds by United States v. Rahman,642 F.3d 1257, 1259 (9th Cir.2011). We will enforce a valid waiver even if the claims that could have been made on appeal absent

[806 F.3d 1211]

Other Questions


Can a defendant who waives his right to appeal his sentence by waiving his sentence? (MultiRegion, United States of America)
Can a defendant collaterally attack his sentence if he waives his right to file a Section 2255 Motion to appeal his sentence? (MultiRegion, United States of America)
Does a waiver of a right to appeal in a criminal plea agreement prevent a defendant from appealing his sentence? (MultiRegion, United States of America)
Can a defendant waive his right to appeal the manner that the court determined his sentence? (MultiRegion, United States of America)
Does a defendant who failed to challenge the error calculation at sentencing and on direct appeal waive the error by failing to challenge it on appeal? (MultiRegion, United States of America)
Does a defendant have to waive his right to directly appeal his conviction and sentence? (MultiRegion, United States of America)
Can a defendant who has secured the benefits of a plea agreement, knowingly and voluntarily waived the right to appeal the sentence? (MultiRegion, United States of America)
Is there a difference in the sentencing range between a non-appealing co-defendant and an appealing defendant? (MultiRegion, United States of America)
Can a defendant who has secured the benefits of a plea agreement, knowingly and voluntarily waived their right to appeal their sentence? (MultiRegion, United States of America)
Can a defendant who has secured the benefits of a plea agreement and knowingly waived the right to appeal their sentence? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.